BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

 

)))))))))))))))))))))))))))))))))))))))))),

 *

Application of *

*

 TRANSPORTES AEROMAR, S.A. de C.V. *

* DOCKET OST-1995-379

for amendment and renewal *

§40109(c) exemptions * 

 *

))))))))))))))))))))))))))))))))))))))))))-

APPLICATION OF TRANSPORTES AEROMAR, S.A. de C.V.

FOR RENEWAL AND AMENDMENT OF ITS TEMPORARY 

SECTION 40109(c) EXEMPTION TO OPERATE 

SCHEDULED AND CHARTER SERVICE BETWEEN THE UNITED STATES AND MEXICO

(Part 377 Automatic Extension Requested)

[NEW AUTHORITY REQUESTED]

Communications with respect to this application should be

addressed to:

HERBERT A. ROSENTHAL, ESQ.

HERBERT A. ROSENTHAL, CHARTERED

5101 WISCONSIN AVENUE, NW, #210

WASHINGTON, DC 20016

PHONE: 202-785-9773

FAX: 202-659-3526

Attorney for TRANSPORTES AEROMAR

NOTICE: Answers in support of or in opposition to this

application must be filed at the Department of
2

Transportation's Docket Section on or before JULY 19,

2013, and a copy served upon the applicant and each

person listed on the service list contained in this

application. 

July 9, 2013
3

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

 

 

)))))))))))))))))))))))))))))))))))))))))),

 *

Application of *

*

 TRANSPORTES AEROMAR, S.A. de C.V. *

* DOCKET OST-1995-379

for renewal and amendment of its *

§40109(c) exemptions * 

 *

))))))))))))))))))))))))))))))))))))))))))-

FILED: July 9, 2013

APPLICATION OF TRANSPORTES AEROMAR, S.A. de C.V.

FOR RENEWAL AND AMENDMENT OF ITS TEMPORARY 

SECTION 40109(c) EXEMPTION TO OPERATE 

SCHEDULED AND CHARTER SERVICE BETWEEN THE UNITED STATES AND MEXICO

(Part 377 Automatic Extension Requested)

NEW AUTHORITY REQUESTED

 

Pursuant to 49 U.S.C. §40109(c) and the Department's

Regulations and pursuant to Part 377 of the Department's

Regulations and 5 U.S.C. §558(c), Transportes Aeromar, S.A. de

C.V., ("Aeromar") submits this application:

(a) To renew all of its exemption authority as renewed and

awarded by Notice of Action taken on MAY 9, 2013, for a period of

at least one year; AND

(b) To add new scheduled service routes as listed below: 
4

On July 2, 2013, the Mexican DGAC authorized Transportes Aeromar

to operate several new Mexico to US routes. A light copy of that

designation is an appendix to this application. The routes are as

follows:

Aguascalientes--McAllen, TX

Leon (El Bajio)--McAllen, TX

Merida--Fort Lauderdale, FL

Merida--Orlando, FL

Monterrey--Brownsville, Texas

Monterrey--Laredo, Texas

Monterrey--McAllen, Texas

Queretaro--McAllen, Texas

Reynosa--Houston, TX

San Luis Potosi--McAllen

Veracruz--McAllen, TX

TRANSPORTES AEROMAR would operate these routes using ATR 42

and CRJ200 aircraft--all such aircraft would have fewer than 60

seats.

The first of these new routes to receive service would be San

Luis Potosi--McAllen, Texas. Aeromar would like to begin service

about November 15, 2013, and desires approval of this application
Application of Transportes Aeromar for Amendment and Renewal

of Exemption Authority, Docket OST-95-379

5

by early August 2013 so that marketing and other logistical and

regulatory processes can commence.

I. RENEWAL OF EXISTING AUTHORITY

1. By Notice of Action Taken dated May 9, 2013, the

Department granted Aeromar an exemption to operate scheduled

services between San Luis Potosi/Saltillo/Manzanillo, Mexico, on

the one hand, and San Antonio, Texas, on the other; and to/from

Saltillo/Tampico/Ciudad Victoria, Mexico, on the one hand, and

Harlingen/McAllen, Texas, on the other; and from Mexico City

to/from McAllen, Texas; and Mexico City--Austin, TX; and to

engage in charter services. Pursuant to Part 377 of the

Department's Regulations and 5 U.S.C. §558(c) [last sentence

thereof], Aeromar invokes these automatic renewal provisions to

continue the licenses issued, inter alia, by the Notice dated May

9, 2013, in Docket OST-1995-379, until the Department acts on this

renewal and amendment application or until the Department acts on

Aeromar's permit application in Docket 46770.

2. Aeromar has been operating transborder flights between

the points awarded in Notice of Action taken on December 13, 2012. 
Application of Transportes Aeromar for Amendment and Renewal

of Exemption Authority, Docket OST-95-379

6

The Mexico City-McAllen, Texas, service is more successful than

anticipated. Aeromar is currently operating a network of intraMexico flights and the McAllen flights with its fleet of ATR's and

Regional Jets (CRJ 200). Aeromar seeks renewal of all

previously authorized segments -- even where it may not be

operating direct service at this time.

3. Aeromar wishes to expand its exemption authority to

include the DGAC's July 2, 2013, additional designations to

Transportes Aeromar:

Aguascalientes--McAllen, TX

Leon (El Bajio)--McAllen, TX

Merida--Fort Lauderdale, FL

Merida--Orlando, FL

Monterrey--Brownsville, Texas

Monterrey--Laredo, Texas

Monterrey--McAllen, Texas

Queretaro--McAllen, Texas

Reynosa--Houston, TX

San Luis Potosi--McAllen

Veracruz--McAllen, TX
Application of Transportes Aeromar for Amendment and Renewal

of Exemption Authority, Docket OST-95-379

7

 The carrier plans to commence initially the San Luis Potosi --

McAllen service in mid November of 2013 using a regional jet

CRJ200 (of which Aeromar has two) and/or its ATR-42 aircraft with

four roundtrips per week initially. Starting later in 2013 or

early 2014, Aeromar will begin implementing the other routes

contained in the July 2, 2013, Mexican DGAC designation. Aeromar

desires approval of this new authority by the middle of August

2013 so that it can begin marketing and coordination with US

authorities as soon as possible. This will not be a code share. 

 

4. The routes Aeromar seeks to renew or expand into are

within the 1991 U.S.-Mexico Bilateral as amended and the January

1999 Memorandum of Consultations and recent licenses from the

Mexican DGAC. And on July 2, 2013, the Mexican DGAC expanded the

number of transborder routes authorized to Aeromar. A copy of

Aeromar's Mexican license for the routes was attached to the

October 18, 1995, application and was given the number Exhibit

AER-2602. As shown on the attachments hereto and those attached

to previous applications, the Mexican D.G.A.C. has designated

Aeromar for all the routes it is seeking to renew or add to its

exemption authority in this application. Aeromar's Mexican

license was renewed in May 2012 and a copy of it has previously
Application of Transportes Aeromar for Amendment and Renewal

of Exemption Authority, Docket OST-95-379

 Aeromar operates fourteen ATR-42-320's and ATR-42-500's. It 1

also operates two CRJ-200's with sixty seats. None is on the

U.S. Registry.

 Aeromar also relies on the economic and fitness data 2

contained in its initial Docket 46770/46771 applications and its

June 25, 1992, October 14, 1993, October 25, 1994, August 7, 1995,

and July 19, 2001 applications. See, also, Notices of Action

Taken February 11, 1991, October 23, 1992, August 28, 1995, and

Order 96-1-45, and Notice of Action taken August 27, 2002.

 Exhibit references below AER-1000 were filed with the 49 3

U.S.C. §41301 permit application or with previous exemption

applications. Exhibit references in the AER-2000 to AER-2499

range were attached to the October 25, 1994 application. Exhibits

in the AER-2600 range were submitted with the October 18, 1995,

filing. Exhibits AER-2700 through AER-2705 were attached to its

October 29, 1997, application. On June 1 and June 2, 2005,

Aeromar filed additional information to respond to DOT staff

questions.

8

been furnished to the Department. Aeromar will be using ATR-42/72

commuter size aircraft (46, 48, or 50 or 60 seats) and regional

jets that it leases or acquires (60 or fewer seats) to operate the

current and the proposed new service (AER-2700; attached to an

earlier application). Aeromar has been operating domestic Mexico 1

commuter services since January 1987, and has a full schedule of

intra-Mexico operations now. It has had no serious accidents or

safety violations. 

2

5. Aeromar is wholly owned and managed by citizens of

Mexico (Exhibit AER-2001 and 2504). The company and its key 3

personnel (with one minor exception) have no interest in any U.S.
Application of Transportes Aeromar for Amendment and Renewal

of Exemption Authority, Docket OST-95-379

 Hangar 1, Zona D, Terminal Aviacion General, 15620 4

Mexico, D.F., Mexico.

9

or non-U.S. carrier, common carrier, or person substantially

engaged in aeronautics (Exhibit AER-2001 and 2504). The company

began service in January 1987. Aeromar is headquartered at Mexico

City's Juarez International Airport , and has multi-lateral and 4

bilateral agreements with IATA and several Mexican and non-Mexican

carriers. (Exhibit AER-2505.) 

6. The Mexican government agencies which regulate Aeromar

are: Direccion General de Aeronautica Civil (D.G.A.C.) and the

Secretaria de Communicaciones y Transportes (Ministry of

Communications and Transportation), Providencia 807, Colonia del

Valle, 03100 Mexico, D.F., Mexico. The government of Mexico has

previously or recently authorized Aeromar to operate all routes

for which renewal or new authority is sought. (See attachment for

the July 2, 2013, designations).

WHEREFORE, Transportes Aeromar, S.A. de C.V. requests the

Department of Transportation to:

(1) Renew its §40109(c) exemption to engage in scheduled

service and charter services (as renewed in Notice of Action taken

May 9, 2013) for a period of at least one year; Aeromar invokes
Application of Transportes Aeromar for Amendment and Renewal

of Exemption Authority, Docket OST-95-379

10

the provisions of Part 377 of the Department's Regulations for the

automatic extension of all of its previously issued and unexpired

exemption licenses including charter authority;

(2) Grant it new exemption authority for a period of at

least one year to operate scheduled services between: 

Aguascalientes--McAllen, TX

Leon (El Bajio)--McAllen, TX

Merida--Fort Lauderdale, FL

Merida--Orlando, FL

Monterrey--Brownsville, Texas

Monterrey--Laredo, Texas

Monterrey--McAllen, Texas

Queretaro--McAllen, Texas

Reynosa--Houston, TX

San Luis Potosi--McAllen

Veracruz--McAllen, TX

 

(3) For other relief which is just and proper.

Respectfully submitted,

/s/ Herbert A. Rosenthal
Application of Transportes Aeromar for Amendment and Renewal

of Exemption Authority, Docket OST-95-379

11

HERBERT A. ROSENTHAL, ESQ.

HERBERT A. ROSENTHAL, CHARTERED

Attorney for TRANSPORTES AEROMAR

July 9, 2013

i:\aeromar\applicat.023
12

CERTIFICATE OF SERVICE

I certify that I have mailed or emailed a copy of this

exemption application renewal to the following persons:

UNITED AIRLINES HERBERT A. ROSENTHAL, ESQ.

DAN.WEISS@UNITED.COM HERBERT A. ROSENTHAL, CHTD.

STEVE.MORRISEY@UNITED.COM 5101 WISCONSIN AVENUE, NW, #210

 WASHINGTON, DC 20016 

 

202 785 9773 

HERBERT@HERBERTROSENTHAL.COM

DELTA AIRLINES POLAR AIR CARGO

JECHMALIAN@HHLAW.COM KEVIN.MONTGOMERY@POLARAIRCARGO.COM

PRRIZZI@HHLAW.COM

sascha.vanderbellen@delta.com

 WORLD AIRWAYS, INC.

 MLBENGE@ZSRLAW.COM

 MCMILLIN@WOA.COM

 CJSIMPSON@ZSR.COM

 

 

CARL B. NELSON, JR., ESQ. R. BRUCE KEINER, JR., ESQ.

AMERICAN AIRLINES, INC. CROWELL & MORING

1101-17TH STREET, N.W., #600 1001 PENN. AVE., N.W., 10TH FL.

WASHINGTON, DC 20036 WASHINGTON, DC 20004-2505

(202-857-4228) (CONTINENTAL/EMERY)

CARL.NELSON@AA.COM rbkeiner@crowell.com

lhalloway@crowell.com

gmurphy@crowell.com

TOM LYDON

john.palo@EVERGREENaviation.COM 

MR. KENT G. ELLIS (PIO)

DFW INT'L FIELD OFFICE DFW IFO

FLORIDA WEST FEDERAL AVIATION ADMINISTRATION

MSINICK@SSD.COM 1431 GREENWAY DEIVE, #230

IRVING, TEXAS 75038
13

972-714-7700

KENT.G.ELLIS@FAA.GOV
14

ROBERT P. SILVERBERG, ESQ.

BAGILEO, SILVERBERG & GOLDMAN

1101 30TH STREET, N.W., #120

WASHINGTON, DC 20007

RSILVERBERG@SgbDC.COM

UNITED PARCEL SERVICE

DFISHER@KELLEYDRYE.COM

KELLEY DRYE & WARREN

1200--19TH STREET, N.W.

WASHINGTON, DC 20036 

(UNITED PARCEL SERVICE)

PH: 342-8462 FAX: 

JAMES DAVIS, ESQ SOUTHWEST AIRLINES

FEDERAL EXPRESS bob.kneisley@wnco.com

901 434 8488

JADAVIS@FEDEX.COM

anbird@fedex.com

JOHN L. RICHARDSON, ESQ.

AIRLINE INFORMATION RESEARCH 2700 CALVERT STREET, NW,

info@airlineinfo.com WASHINGTON, DC 20008

(AMERIJET)

JRICHARDSON@JOHNLRICHARDSON.COM

JCANNEY@AMERIJET.COm 

MARSHALL S. SINICK, ESQ. WILLIAM H. CALLAWAY, JR., ESQ.

SQUIRE, SANDERS & DEMPSEY ZUCKERT, SCOUTT & RASENBERGER

1201 PENNSYLVANIA AVE., N.W. 888-17TH ST., N.W., #600

SUITE 400 WASHINGTON, DC 20006-3959

WASHINGTON, DC 20004 (CHALLENGE)

(ALASKA AIRLINES) (MEXICANA) MLBENGE@ZSRLAW.COM

MSINICK@SSD.COM 

U.S. DEPARTMENT OF STATE ATLAS AIR CARGO

OFFICE OF AVIATION NEGOTIATIONS RPOMMER@ATLASAIR.COM

ROOM 3425, EDB/TRA/AN

2201 C STREET, N.W.

WASHINGTON, DC 20520
15
16

FLIGHT STANDARDS SERVICE CHARLIE DONLEY

AFS-200 CDONLEY@SSD.COM

FEDERAL AVIATION ADMIN. 

WASHINGTON, DC 20591

JOHN.ALLEN@FAA.GOV

WILLIAM C. EVANS, ESQ. US AIRWAYS

BILL@MIETUSLAW.COM HOWARD.KASS@USAIRWAYS.COM

COUNSEL FOR AEROMEXICO BENJAMIN.SLOCUM@USAIRWAYS.COM

MARK W. ATWOOD, ESQ. JOANNE YOUNG, ESQUIRE

 JYOUNG@YKLAW.COM

(AMERICAN INT'L AIRLINES

AND TRANS CONTINENTAL AIRLINES)

MATWOOD@COZEN.COM JAMES TELLO, ESQUIRE

JAMESTELLO@EARTHLINK.NET

CAPITAL CARGO

jonathan.blank@klgates.com

/S/ Herbert A. Rosenthal

HERBERT A. ROSENTHAL

July 9, 2013

i:\aeromar\application.023